• April 3rd, 2016

Study Case

Paper, Order, or Assignment Requirements

Assessment Task 2 Part A

For this assessment, you are to attend a criminal hearing (or a part of a hearing) in a court in Queensland Australia. It may be a Magistrates Court or an intermediate or superior court.
Prior to attending court please note the following:
Most criminal court hearings are open to the public unless they relate to children’s matters or matters relating to sexual offences in which case the court will be locked. The superior courts publish the details of court matters and the relevant court in which it will be heard on any one day in the court lists in the newspaper each morning. This information is also available online and available on the day at the court itself. The courts are familiar with the student attending to undertake observations of proceedings and the intermediate and superior courts will provide (or display) a list of proceedings of the court for that a particular day.
You are reminded that you should follow appropriate court protocol when attending court including:
• bowing to the magistrate/judge as you enter or leave the court during a hearing.
• dressing in attire suitable to your role as a “paralegal”
• not talking loudly or unnecessarily in the courtroom
• turning off your mobile phone
For this assessment, you are required to attend the court for one day only. You may not see a whole proceeding in this time (a trial for example may be spread over several days). Your report should provide as much detail as possible about that portion of the proceeding you did observe.
Case study
Court Report
Your supervising solicitor requests that you attend court to observe a particular criminal hearing. You are to then prepare a court report of your visit of between 800 -1000 words in length setting out details of the hearing you observed under each of the following headings:
1. The Court
o Identify the Court in which the matter you attended was heard.
o Explain the level of the Court in your State’s system and its relationship to other courts in that system
2. Identify the Criminal Proceeding
o Specify the date on which you attended the court to observe the proceeding.
o Provide the name of the criminal proceeding you observed.
o Specify the offence to which the hearing related.
o Provide the classification of the offence to which the hearing related (ie. is it a summary or simple offence or is it an indictable offence?).
3. The Hearing
o Identify the type of proceedings observed ( for example a pre-trial hearing, a trial, a sentencing hearing, a committal hearing or a bail hearing).
o Explain the court procedures/protocols involved in the proceeding (e.g. how the court was arranged, swearing of witnesses, who spoke first, were any objections to evidence raised and how was this done and any other etc.).
4. Detailed description of the hearing- this will depend on the type of hearing observed but may include the following:
o Facts of the case before the court (or a detailed description of the matters being dealt with by the court eg. issues raised in a sentencing hearing).
o Defences raised and an explanation of that defence
o Options for appeal
o Impacts on the victim
o The names of any cases referred to as precedents by either party
o Outcome of the proceedings if finalised during the course of the observation.
o Penalty imposed
Assessment checklist:
Please ensure you provide the following document/s for this assessment.
• Court report

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